BILL ANALYSIS
AB 1386
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Date of Hearing: April 20, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 1386 (Hayashi) - As Amended: April 13, 2009
SUBJECT : State Route 84 and State Route 238: local alternative
transportation improvement program
SUMMARY : Modifies provisions of existing law governing
development of a local alternative transportation improvement
program (LATIP) in the State Route 84 and SR 238 corridors.
Specifically, this bill :
1)Expands the uses for which proceeds from the sale of surplus
property in the SR 238 corridor can be allocated to include
improvements on any highways, not just state highways.
2)Adds provisions governing the accounting of revenue from the
sale of surplus property in the SR 84and SR 238 corridors.
3)Provides for the relinquishment of segments of SR 95, SR 185,
and SR 238 to the City of Hayward.
EXISTING LAW :
4)Grants local authorities, acting jointly with transportation
planning agencies, authority to develop and file with the
California Transportation Commission (CTC), LATIPs to address
transportation problems county that were to be served by
construction of freeways on SR 84 and SR 238.
5)Dictates that priority for funding in the LATIPs is to go to
projects in the local voter-approved transportation tax
measure.
6)Grants CTC final authority over the content and approval of
LATIPs for SR 84 and SR 238 and prohibits it from approving
any such program submitted after January 1, 2010.
7)Directs the proceeds from the sale of excess properties, less
specified costs, to be allocated by CTC to fund the approved
LATIP. These proceeds are exempt from formulae, such as the
north/south split and county shares, that generally govern the
distribution of capital improvement dollars for
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transportation. These proceeds are restricted, however, for
state highway purposes.
8)Statutorily identifies state highway system routes; defines
"state highway" as any roadway that is acquired, laid out,
constructed, improved, or maintained as a state highway
pursuant to constitutional or legislative authorization.
9)Provides for the expansion or deletion of the state highway
system through a process whereby CTC makes a finding that it
is in the best interest of the state to include or delete a
specified portion of roadway to the system.
10)Provides for the relinquishment of a portion of state highway
to a city or county under an agreement between the local
jurisdiction and the Department of Transportation (Caltrans)
when an act of the Legislature has deleted the portion of
highway from the state highway system.
FISCAL EFFECT : Unknown
COMMENTS : In the late 1960s, Caltrans initiated a project to
build a freeway in the SR 238 corridor. Caltrans purchased
hundreds of parcels for right-of-way for the freeway. The
project stalled in the 1970s, and by the start of the 1980s, the
project had encountered enough delays and problems to be
considered infeasible by most interested parties. SB 1711
(Holmdahl) Chapter 799, Statutes of 1982, allowed local
transportation authorities to develop an alternative plan to the
SR 238 project and required them to submit that plan to CTC by
January 1, 1986, after which the commission was barred from
approving any alternative plan. SB 296 (Lockyer) Chapter 494,
Statutes of 1985, extended the deadline to January 1, 1988.
Both these deadlines went unmet.
SB 509 (Figueroa) Chapter 611, Statutes of 2004, revived the
LATIP process and established a new deadline of January 1, 2010.
AB 1462 (Torrico) Chapter 619, Statutes of 2005, added SR 84 to
provisions providing for the LATIP in Alameda County. Last
year's SB 791 (Corbett) Chapter 705, Statutes of 2008 authorized
the use of revenues from sales of excess properties for projects
in the local alternative transportation improvement program that
are also in the local voter-approved transportation sales tax
measure, subject to approval by the Department of
Transportation.
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According to the author, in addition to providing for the
relinquishment of state highway segments, provisions in the bill
establishing an accounting mechanism will ensure the proceeds of
the property sales can be tracked.
This bill is the next step toward closing out these obsolete
state highway projects and moving forward toward meeting local
housing and transportation needs.
Author's amendment : The author has requested to take amendments
in committee to add a provision that proposed highway
relinquishments be conditioned on Caltrans and the City of
Hayward agreeing to the terms of the relinquishment.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093